MH SET 2013: 17 February, Paper II, Law
Text of page 1
FEB - 60213/II
Law
Paper II
Time Allowed : 75 Minutes] [Maximum Marks : 100
Note : This paper contains Fifty (50) multiple choice questions, each question
carrying Two (2) marks. All questions are compulsory.
1. The primacy to all laws 3. Which Article of the Constitution
implementing the directive
of India does not provide for
principles over the fundamental
legislative power of parliament ?
rights is given by :
(A) Art. 31A (A) Art. 2
(B) Art. 31B (B) Art. 262
(C) Art. 31C
(C) Art. 13
(D) Art. 31D
(D) Art. 348
2. In the ........................... case it was
held that Art. 21 was the sole 4. The High Court Judges are
repository of the right to life and appointed by :
personal liberty.
(A) the Governor of a state
(A) Habeas Corpus
(B) the Chief Minister of a state
(B) A.R. Antulay
(C) Kesavanand Bharati (C) the President of India
(D) Maneka Gandhi (D) the Chief Justice of India
1 [P.T.O.
Text of page 2
FEB - 60213/II
5. Which one of the following 7. In which of the following cases the
fundamental duties relates to
Supreme Court laid the basic
safeguard of public property ?
structure doctrine ?
(A) Art. 51A(b)
(A) Maneka Gandhi
(B) Art. 51A(c)
(B) Golak Nath
(C) Art. 51A(i)
(C) Kesavananda Bharati
(D) Art. 51A(j)
(D) ADM Jabalpur
6. Which one of the following doctrine
relates to the interpretation of 8. To determine the nature, whether it
conflicts between law and is a ratio-decidendi or obiter dicta;
fundamental right ?
a test is prescribed for, is a :
(A) Doctrine of stare decisis
(A) material fact
(B) Doctrine of pith and substance
(B) classical
(C) Doctrine of severability
(C) right thesis
(D) Doctrine of clear and present
danger (D) wambaugh
2
Text of page 3
FEB - 60213/II
9. Prof. Kelsen has prescribed a 11. According to Prof. Joseph Raz
condition for a grund norm in the
...................... is not a nature of
form of :
sovereignty in view to Austin.
(A) Acceptance by the Judiciary
(A) Illimitability
(B) Acceptance by the Government
(B) Unique
(Executive)
(C) Applicability to sovereign
(C) Acceptance by the Legislature
(D) Acceptance by minimum (D) United
number of people
12. Prof. Roscoe Pound has prescribed
10. According to Prof. Lon Fuller’s
the solution to balance competing
notion of internal morality
interest, is :
doctrine — is not a part of it :
(A) Democratic
(A) Access to Justice
(B) Moral
(B) Public promulgation
(C) Judicial
(C) Prospectivity of law
(D) General application (D) Referrundum
3 [P.T.O.
Text of page 4
FEB - 60213/II
13. ‘Right is an indespensably valuable 15. The first effort was made to
transform the status of individual
possession’ — is defined by :
from the object to the subject of
(A) Holland
International Law after :
(B) Savigny (A) The First World War
(B) The Second World War
(C) Dworkin
(C) Vienna Conference
(D) Feinberg
(D) Indo-China War
14. One of the following earned the
16. ................................ Doctrine states
title of the “Second Father of the
recognition should not be given to
Law of Nations” : any government which has come in
power by revolutionary means.
(A) Prof. Zouche
(A) Estrada
(B) Prof. Oppenheim
(B) Tobar
(C) Prof. Friedman
(C) Stimsons
(D) Prof. Kelsen
(D) Monroe
4
Text of page 5
FEB - 60213/II
17. The “United Nations Day” is 19. The Inter-American Commission of
Human Rights became an organ of
celebrated on :
the .............................. to promote and
(A) 24th Oct. 1945
protect Human Rights.
(B) 25th Oct. 1945 (A) Organization of American
States
(C) 26th Oct. 1945
(B) Organization of American
(D) 23rd Oct. 1945
Unity
18. The primary responsibility of
(C) Organization of African States
Security Council is :
(D) Organization of African Unity
(A) to maintain the security of the
20. Match the pairs :
veto power states
(1) Option of Puberty (i) Tuhr
(B) to maintain the peace and (2) Period of Purity (ii) Khyal-ul-bulug
security of all UNO member
(3) Right to have (iii) Batil Nikah
states custody of child
(C) to maintain and promote (4) Void marriage (iv) Hizanatb
universal brotherhood amongst (1) (2) (3) (4)
all member states (A) (ii) (i) (iv) (iii)
(D) to maintain and improve (B) (iii) (ii) (iv) (i)
the standard of living of (C) (ii) (iv) (iii) (i)
underdeveloped states (D) (i) (ii) (iii) (iv)
5 [P.T.O.
Text of page 6
FEB - 60213/II
21. Marriage may be void on the ground 23. Registration of adoption is not
that either party to the marriage obligatory though parties are free to
was impotent under : enter into a registered deed under
(A) Hindu Law and Parsi Law Section ......................... of the Hindu
(B) Muslim Law and Christian Law Adoption and Maintenance Act,
1956.
(C) Parsi Law and Christain Law
(D) Hindu Law and Special (A) 14(2)
Marriage Act (B) 16
22. “The purpose of divorce law is not (C) 12
to punish the guilty spouse but to
(D) 14(3)
protect innocent spouse.” This was
24. “Alimony Pendente Lite” can be
held in :
claimed by ......................... under
(A) Gollins Vs. Gollins (1963)
Hindu and Parsi Laws.
(B) Nachimson Vs. Nachimson
(A) husband only
(1930)
(B) wife only
(C) Hyde Vs. Hyde (1860)
(C) husband or wife
(D) Ammini Vs. Union of India
(1995) (D) children and parent only
6
Text of page 7
FEB - 60213/II
27. Which of the following Acts does not
25. Which of the following statements
fall under the categories of fraud ?
is incorrect ? (A) International false statements
of facts
(A) Dowry offences are cognizable
(B) Innocent false statement
for the purpose of investigation (C) Active concealment of facts
only (D) Promise made without
intention to perform
(B) Dowry offences are bailable 28. Read Assertion (A) and Reason (R)
and with the help of codes given
(C) Dowry offences are non- below, point out the correct
explanation :
compoundable
Assertion (A) : A minor on
(D) Agreement for giving and attaining majority cannot ratify an
agreement entered into while he was
taking dowry is void a minor.
Reason (R) : Ratification ‘relates
26. What can a catalogue of books,
back’ to the date of the making of
listing price of each book and the contract and, therefore, a
contract which was void at the
specifying the place where the listed time when it was entered into
cannot be made valid by subsequent
books are available be termed as ? ratification.
(A) An offer Codes :
(A) Both A and R are true and R
(B) An obligation to sell book is good explanation of A
(B) Both A and R are true but R
(C) An invitation to offer is not a correct explanation
of A
(D) A promise to make available
(C) A is true but R is false
the books at the listed price (D) A is false but R is true
7 [P.T.O.
Text of page 8
FEB - 60213/II
29. Moral pressure is involved in the 31. Special damages, that is, the
case of : damages which arise due to some
(A) Coercion special or unusual circumstances :
(B) Undue influence (A) are partially recoverable
(C) Misrepresentation (B) are illegal being punitive in
(D) Fraud nature
30. Consider the following propositions : (C) cannot be claimed as a matter
of right
(1) If the frustration is self-induced
it can be a defence for breach (D) can be claimed as a matter of
of contract. right
(2) Self-induced frustration can 32. In which case the Supreme Court
never be a defence for breach of India held that a Tort is generally
of contract. viewed as the breach of a duty owned
(3) The burden of proving that to the public in general ?
frustration was self-induced is (A) Nilabati Behera Vs. State of
on the party who is alleging Orissa
that it was so induced.
(B) Union Carbide Corporation
Of the above propositions :
Vs. U.O.I.
(A) 1 and 3 are valid
(C) Jaylaxmi Salt Works P. Ltd.
(B) 2 alone is valid Vs. Gujrat
(C) 3 alone is valid (D) Indian Council for Enviro-Legal
(D) 2 and 3 are valid Action Vs. U.O.I.
8
Text of page 9
FEB - 60213/II
33. Silence amounts to fraud : 36. The maxim “damnum sine injuria”
means :
(A) Always
(A) damage or loss without
(B) Never infringement of legal right
(C) When duty to speak is not (B) infringement of private legal
right without damage or loss
fulfilled
(C) liability without fault
(D) When duty to speak is fulfilled
(D) person, whose right has been
34. Who delivered a judgment of P and infringed is entitled to bring an
O, Steam Navigation Company Vs. action
Secretary of State for India : 37. The rule of contributory negligence
is based on the maxim :
(A) Chief Justice Peacok
(A) res ipsa loquitur
(B) Chief Justice Richard Garth
(B) in pari delicto potior est conditio
(C) Chief Justice Sir Charles defendantis
Turner (C) damnum fatale
(D) Lord Kingsdown (D) causa causans
35. The maxim “qui facit per alium facit 38. Actus reus means :
per se” is the basis of : (A) act accompanied by bad
intention
(A) Strict liability
(B) act done in furtherance of
(B) Absolute liability common intention
(C) Vicarious liability (C) act prohibited by law
(D) act comitted by the offender
(D) Liability of State
9 [P.T.O.
Text of page 10
FEB - 60213/II
39. Impossibility of commission of an 41. With reference to the offence of
offence is a valid defence if an
Abetment, which of the following is
attempt has been made by the
the correct statement ?
accused in furtherance of the
commission in respect of an offence (A) the act abetted must have been
of :
committed.
(A) Rape
(B) the act abetted need not be
(B) Murder
actually committed.
(C) Theft
(C) the act abetted is at least
(D) None of the above
partially commissioned.
40. To establish the defence on the
ground of insanity, it must be clearly (D) abettor must do some positive
proved that at the time of
act or omission to be liable.
committing the act the accused does
not know the nature and quality of 42. The offence of custodial rape was
act he is doing and that the act is dealt in :
contrary to law was held in :
(A) Nanawati’s Case
(A) Gibbins and Proctar
(B) Manura’s Case
(B) R.V. John McIver
(C) Bacchansingh’s Case
(C) M’Nighten
(D) R.V. Stephen and Brown (D) Radheshyam’s Case
10
Text of page 11
FEB - 60213/II
43. Making a sound or gesture to insult 45. Dowry related offences are covered
the modesty of woman is covered under ............................ provision of
under : the IPC.
(A) Section 509 of IPC (A) Section 498
(B) Section 497
(B) Section 354 of IPC
(C) Section 498A
(C) Section 361 of IPC
(D) Section 498 and 497 read
(D) Section 357 of IPC
together
44. Under the Indian Penal Code sexual
46. Definition of industry includes any
intercourse by a man with his own
calling of employers and service,
wife :
employment, handicraft or :
(A) can not amount to rape as
(A) any industrial job or
marital rape is not recognised
engagement.
in India.
(B) industrial occupation or
(B) can amount to rape if wife is
avocation of workmen.
below the age of 15 years.
(C) avocation of workmen in all
(C) will amount to rape if her plants and services units.
consent is not duly taken.
(D) all activities admissible at
(D) will amount to rape if wife is the instance of the works
below the age of 18 years. committee.
11 [P.T.O.
Text of page 12
FEB - 60213/II
47. The matter relating to employment 49. Every workman can be laid off
provided :
and non-employment are included in
(A) Tsunami occures
the definition of :
(B) Govt. declares holiday
(A) Industry
(C) The workman reaches the
(B) Industrial Disputes
workplace late by 2 hours
(C) Lay off (D) Lockout is declared in response
to illegal strike
(D) Strikes and Lockouts
50. Rights and immunities under the
48. Under the Industrial Disputes Act,
Trade Unions Act, 1926 are
a dispute is not an industrial dispute conferred upon ............................ Trade
if it is between : Unions.
(A) Registered
(A) employer and employer
(B) Registered and Recognised
(B) employees and employees
(C) Neither Registered nor
(C) employers and workmen
Recognised
(D) workmen and workmen (D) Recognised
12
Text of page 13
FEB - 60213/II
ROUGH WORK
13 [P.T.O.
Text of page 14
FEB - 60213/II
ROUGH WORK
14Official key not published for this paper.
Page 1 of 14
Source: Savitribai Phule Pune University. Question paper published by Savitribai Phule Pune University.